FN1583-25 Solicitation Adhesives for SAM.gov.pdf
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This document is a solicitation for an Indefinite Delivery Indefinite Quantity (IDIQ) contract for adhesives and tapes to be delivered to various UNICOR locations. The solicitation number is FN1583-25 and it is being issued as a Request for Proposal (RFP). The contract will have a 1-year base period with four 1-year option periods. UNICOR intends to make multiple awards for this requirement. The NAICS code is 325520 for Adhesive Manufacturing, with a small business size standard of 550 employees. Offers are due by October 29, 2024, and the contract will have a guaranteed minimum of $1,000 over the life of the contract. Offerors must complete a business management questionnaire with three relevant references, be registered in SAM.gov, and acknowledge any amendments. Pricing adjustments may be made annually based on changes in the PPI index. Award will be based on ability to meet specifications, past performance, green certifications, and price. Questions must be submitted in writing to the Contracting Officer.
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| SF 30- Amendment 3 to solicitation to answer questions.pdf | ||
| SF 30- Amendment 2 to solicitation to answer questions.pdf | ||
| SF30 Amendment to solicitation FN1583-25 Adhesives.rtf | RTF text file | |
| BID TAB BLANK FN1583-25.xlsx | XLSX spreadsheet |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
1620000229
FN1583-25
PEYTON PERRY, CONTRACT SPEC 352-689-4068
15. DELIVER TO:
Various UNICOR locations. Please see solicitation for detailed addresses.
UNICOR, FED. PRISON IND
FCC COLEMAN, 846 NE 54TH TER COLEMAN, FL 33521
UNICOR
PO BOX 11849
LEXINGTON, KY 40578-1849
SEE SECTION B
325520
DATE
10/08/2024
LOCAL TIME
10/29/2024
2:00 PM EST
UNICOR
400 FIRST ST NW
WASHINGTON DC 20534
X 100
X
FN1583-25: Adhesive & Tape Solicitation
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS Federal Prison Industries (FPI), which operates under the trade name UNICOR, is a wholly-owned Government Corporation within the Department of Justice, under the Federal Prison System. The Corporation was created by Congress in 1934, and provides employment, education, and training opportunities to inmates under Federal custody.
UNICOR operates approximately 99 factories in over 64 locations.
Its production lines are extensive and include over 250 different products and services sold to other Federal Agencies and the Department of Defense.
GENERAL INTENTION: It is the intent of this solicitation to result in MULTIPLE awards for (1) base year with four (4) option years, for adhesive and tape used in the manufacture of office furniture, if exercised, Indefinite Delivery Indefinite Quantity Type Contracts to be delivered FOB Destination to:
FPI Coleman, FL, 846 NE 54TH Terrace, Coleman, FL 33521 FPI Ashland, KY, Route 716, Ashland, KY 41101 FPI Forrest City, AR, 1400 Dale Bumpers Road, Forrest City, AR 72335 FPI Allenwood, PA, RT 15, 2 MI N OF ALLENWOOD, Allenwood, PA 17810
NOTE: UNICOR may add product to the contract at a later date through a modification to the awarded contract. UNICOR may add additional locations to the contract at a later date through a modification to the awarded contract.
All interested offerors shall read the solicitation in its entirety prior to submission of any questions.
The period of performance will be as follows if option years are exercised:
BASE YEAR December 1, 2024 - November 30, 2025 OPTION YEAR 1 December 1, 2025 - November 30, 2026 OPTION YEAR 2 December 1, 2026 - November 30, 2027 OPTION YEAR 3 December 1, 2027 - November 30, 2028 OPTION YEAR 4 December 1, 2028 - November 30, 2029
The period of performance may vary depending on actual award date. Guaranteed Minimum is $ 1,000.00, over the duration of the contract, inclusive of any exercised option years. Solicitation number is FN1583-25 and this solicitation is issued as a Request for Proposal (RFP). It is anticipated that this solicitation will result in MULTIPLE AWARDS; offerors must provide pricing for each possible line within a particular lot to be considered for award. This solicitation will be available to the full and open market.
The following information pertains to the Standard Form 1449 Solicitation: OMB 1103-0018 The offer acceptance period is 90 calendar days. Block 25, Funds (15X4500) will be obligated by each delivery order and not by the contract itself.
Block 31b, Peyton Perry, Contracting Officer Notes: Place of Delivery: UNICOR, Federal Prison Industries FCI Coleman 846 NE 54th Terrace, Coleman, FL 33521. All solicitations (also future procurement) and any other information (amendments, etc.) may be obtained through Sam.gov at www.sam.gov. ANY QUESTIONS REGARDING
REQUIREMENTS LISTED, SPECIFICATION OR THE SOLICITATION PROCESS
ARE TO BE ASKED in writing to Peyton Perry at peyton.perry@usdoj.gov. At no time should offerors contact factory or central office staff with questions regarding this solicitation. NO questions will be answered via telephone. The deadline date for submission of questions is Friday, October 18, 2024 at 2:00 PM EST No questions will be answered after this date and time. THE CLOSING DATE AND TIME FOR THE SUBMISION OF OFFERS FOR THE SOLICIATION IS Tuesday, October 29, 2024 AT 2:00 PM EST. All samples must by received no later than the deadline for offers. All offerors must complete the following information prior to submission of offer to be considered for award, in addition to the requirements of Section L.
1. SAM REGISTRATION WWW.SAM.GOV
2. Provide pricing for each line item possible in a particular lot
3. Section L - Business Management Questionnaire All offerors must complete the Business Management questionnaire with three references from the past three (3) years that are same or similar in scope to this requirement. This includes size of requirement.
4. UNIQUE ENTITY ID NUMBER_________________
5. TIN Number __________________
6. Pricing Spreadsheet
NOTE: UNICOR may add other factories or materials to contract at a later date through a modification to the awarded contract.
NAICS CODE ASSOCIATED WITH THIS SOLICITATION IS 325520 ADHESIVE
MANUFACTURING. THE SMALL BUSINESS ADMINISTRATION DEFINES A SMALL
BUSINESS QUALIFYING WITH THIS NAICS CODE AS ONE THAT HAS NO MORE
THAN 550 EMPLOYEES. THIS IS NOT A NAME BRAND REQUIREMENT. ANY
http://www.sam.gov/
REFERENCE TO A SPECIFIC BRAND IN AN ITEMS SPECIFICATION IS FOR
REFERENCE PURPOSES ONLY.
Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the Contractor and as such, the Contractor will:
During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer.
1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-
i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract;
ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or
iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract.
2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).
The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.
The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date. All
Future requirements for these or similar items from this or other UNICOR factories may be added to the resulting contract if considered to fall within the scope of work and the price is determined to be fair and reasonable.
SECTION C - DESCRIPTION/SPECIFICATIONS
C1. DESCRIPTION/STATEMENT OF WORK.
ADHESIVE #1 SPECIFICATIONS (ADH0272):
• Water and polyvinyl emulsion for high pressure decorative laminates (HPDL).
• Glue spreader or spray application (glue spreader/pinch roller, glue spreader/hot press applications): suitable for post forming applications
• Heat resistance
• No stirring requirement, ready to use from container.
• 55 gal. drums
• Substrate use between 65⁰F. and 85⁰F.
• Non-flammable
• Viscosity 2850 cps (typical)
• Coverage (Spreader) ~229 ft² / gal @ 7 wet mils
• Coverage (Spray) ~ 255 ft²/ gal (bonded)
• Hot press time 1-2 minutes @ 40-50 psi and 180⁰ F-200⁰F.
• Open Time 2-5 minutes
• SCAQMD and Ozone Transport Commission (OTC) compliant
• Testing samples for atomizing and manual spreading application for examination, experimenting analysis and assessment
ADHESIVE #2 SPECIFICATIONS (ADH0420):
• High strength, excellent adhesion, transparent, semi-flexible dried film
• Synthetic resin based adhesive
• Used for high strength general woodworking
• Viscosity 5,500 cps+700 @ 75 degrees F
• Solids 44.5% + 2.5
• Density 1.08 g/cc
• pH 7.5 +/- 1.0
• Use with mechanical glue spreader, paint roller or brush,
• Dried Film Transparent, semi-flexible
• Minimum application temperature 70 degrees F
• 450 lb drum or 2,400 lbs tote
• Shelf Life Three (3) months in original container when stored in a cool dry area.
ADHESIVE #3 SPECIFICATIONS(ADH2308):
• Premium grade versatile adhesive, produces water resistant bonds in conjunction with catalysts, dries clear
• Reactive polyvinyl acetate
• Used for high quality woodworking, finger jointing, laminating, and general assembly
• Viscosity(cps) 5,000 – 7,000 @ 75 degrees F
• Solids (%) 48.0 – 52.0
• Density (lbs/gal) 9.0 – 9.4
• pH 4.0 – 6.0
• Can be used in cold press, hot press, or high frequency units
• White, brown, or black
• 475 lbs drum or 2,400 lbs tote
• Shelf life six (6) months
ADHESIVE #4 SPECIFICATIONS (ASP9055.):
• Specific gravity 0.98
• Gardner Color 7.5 maximum
• Viscosity @325 degrees F 18,000 – 24,500 cps
• Viscosity @350 degrees F 10,000 – 14,000 cps
• Viscosity @375 degrees F 7,000 – 10,000 cps
• Ring & Ball softening point 225 +/-5 deg F
• Suggested running temperature 325 – 375 degrees F
• 180 Deg Peel 6.32 lbs/in
• Rolling Ball Track 2.0 inches
• Shear (1 kg @ 72 degrees F) >100 hrs
• SAFT 185 degrees F
ADHESIVE #5 SPECIFICATIONS (ADH0664):
• Pressure sensitive hot melt adhesive that exhibits a light color, low viscosity and high tack
• Viscosity 4,200 cps @ 350 degrees F
• Softening Point 205 degrees F
• Application Temp 300 – 350 degrees F
• 180 Peel 8.5 lbs
• Loop Tack 7.5 lbs
• SAFT/500 grams 145 degrees F
• Coat Weight Target 1.5 Mils
• Shelf life twelve (12) months
ADHESIVE #6 SPECIFICATIONS (ADH0756):
• Modified natural rubber latex designed to replace solvent based adhesives in spray applications for many foam bonding constructions.
• Base - Natural rubber latex
• Carrier - water
• Solids % - 58.0 to 62.0%
• Viscosity - 100 to 300 cps @ 75 degrees F
• Density - 7.7 to 7.9 (lbs per gallon)
• pH - 9.5 to 10.5
• Clean up - warm soapy water when wet, mild solvent when dry
• Freeze Thaw stable - no
• Chalking temp - 32 degrees F
• Heat Resistance - 180 degrees F (depending on bond load)
• Shelf Life - 6 months in upopened containers at 75 degrees
F. Shelf life decreases with heat to 2 - 3 months at 95 degrees F.
ADHESIVE #6 SPECIFICATIONS (ADH1037):
• Precatalyst resin adhesive used for strong permanent bonds on typical door components such as masonite, wood, MDF, corrugated cardboard, particleboard, and mineral-based fire insulation.
• Viscosity - 9,200-10,000 (5/20rpm/77 degree F)
• Solids % - 45.0 - 49.0
• Specific gravity - 1.12
• pH - 4.0 - 6.0
• Shelf life - three months in the original unopened container when stored in cool dry place.
ADHESIVE #7 SPECIFICATIONS (ADH0057):
• Hot melt adhesive for automatic edgebanding suitable for solid wood, veneer, and primed thermoplastic. May also be used for profile wrapping veneers to wood substrates.
• Medium viscosity hot melt with high heat resistance and good cold flexibility.
• Applicable Temp - 356-392 degrees F
• Density at 20 degree C - Approx 1.05 +/-0.05
• Softening range - Approx 90 +/- 5
• Open time at 190 degree C - Approx 9 +/- 2
• Viscosity at 200 degrees C - 50,000 +/- 15,000
TAPE #1 SPECIFICATIONS (TPE1109 & TPE2308) :
• Double coated pressure sensitive adhesive tape
• UPVC film
• Exceptionally high tack, high peel, acrylic adhesive
• Excellent resistance to environmental extremes
• Excellent adhesion to ether and ester foams
• Bonds well to rough porous surfaces
• Used for demanding bonding and splicing applications
• Excellent for adhesion of lamination to EPDM rubber, plastics, glass, and urethans foams.
• Used in product assembly
• Service Temperature: -40 degrees F to +200 degrees F (-40 degrees C to + 93 degrees C)
• Adhesive thickness (each side) = 3.5 Mils (mm)
• Carrier thickness (UPVC) = 1.5 Mils (mm)
• Total thickness (excluding liner) = 8.5 Mils (mm)
• Release Liner Thickness (60 # kraft) = 3.5 Mils (mm)
• Holding Power = > 600 Min
• Peel Adhesion = 136 oz/inch
• Translucent in color
• Sold in width measurements of 5/8” and 1/2”
• Sold in rolls, log, jumbo
SAMPLES
All offerors who have not provided these adhesives or tape to UNICOR Shall submit a sample of each to:
UNICOR, Federal Prison Industries Attn: Peyton Perry, Contract Officer Office Furniture Group 846 NE 54th Terrace Coleman, FL 33521
The samples must reference the following:
Solicitation number Company Name Part number All samples MUST be submitted at no cost to UNICOR and received by offer closing date and time.
All samples will be destroyed and will not be returned to the vendor.
ISO 9001Certification:
Offers facilities must be ISO 9001 certified, and must provide proof of ISO9001 certification by submitting the ISO Certificate as part of your written proposal. In addition, offers manufacturing facilities including any subcontractors must be ISO 9001 certified at time of submission of offers. All processes involved in the production shall be completely documented by providing the ISO certification with the written proposal.
SECTION D - PACKAGING AND MARKETING
D.1 FPI 1000D PACKAGING AND MARKING Supplement: LCL APPR Preservation, packaging, and marking for all items covered by this contract shall be in accordance with commercial practice and adequate to insure acceptance by common carrier and safe arrival at destination. The contract number should be on or adjacent to the exterior shipping label. Each package received must be marked for type and quantity. Delivery hours are as follows: Delivery hours are Monday through Friday, 8:00 am to
2:30 pm, excluding Federal Holidays.
SECTION E - INSPECTION AND ACCEPTANCE
E.1 52.246-16 Responsibility for Supplies. APR 1984
E.2 52.246-15 Certificate of Conformance.
As prescribed in 46.315 , insert the following clause in solicitations and contracts for supplies or services when the conditions in 46.504 apply:
CERTIFICATE OF CONFORMANCE (APR 1984)
(a) When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.
(b) The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the payment office or attached to the CAO copy when contract administration (Blockl0 of the DDForm250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.
( c) The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.
( d) The certificate shall read as follows:
I certify that on ___ [insert date], the __ [insert Contractor's name] furnished the supplies or services called for by Contract No. __ via __ [Carrier] on ___ _ [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.
Date of Execution: ______________ Signature: ______________ Title: ______________
SECTION F - DELIVERIES OR PERFORMANCE
F.1 FPI 1000F1 DELIVERY ORDER Supplement: LCL APPR Delivery Orders can be submitted to offerors via fax or email. UNICOR does not mail delivery orders. Order confirmation shall be signed and dated in blocks 30a, b and c of the delivery order and confirmation must be returned to the contracting officer within 24 hours of order receipt. Order confirmation containing the following information must be emailed to the following individuals:
FCI Coleman: peyton.perry@usdoj.gov, FCI Ashland: brent.ponder@usdoj.gov FCI Forrest City: brent.ponder@usdoj.gov
a. Date of order
b. Contract number and order number
c. Item number and description, quantity, and unit price
d. Delivery or performance date
e. Place of delivery
f. Shipping instructions
g. Accounting data
h. Any other pertinent information
Initial delivery lead time on all awards will be 14 days after date of award. After the initial delivery, all delivery lead times will be 14 days for all orders placed, unless otherwise noted. ****PLEASE NOTE, DELIVERY DAY IS CALENDER DAYs******
F.2 FPI 1000F2 TIME OF DELIVERY/DELIVERY SCHEDULE Supplement:
LCL APPR 16.505(a) and the clause located in FAR 52.216-18 entitled "Ordering" and included in Section I, of this contract, any supplies and/or services to be furnished under this contract shall be ordered by issuance of delivery orders by individuals listed below:
PRIMARY:
Peyton Perry Contract Specialist 352-689-4068 email peyton.perry@usdoj.gov mailto:peyton.perry@usdoj.gov mailto:brent.ponder@usdoj.gov mailto:brent.ponder@usdoj.gov mailto:peyton.perry@usdoj.gov
SECONDARY:
Brent Ponder Contract Specialist 870-630-6000 ext 1138 email brent.ponder@usdoj.gov
F.3 52.211-11 Liquidated Damages-Supplies, Services, or Research and Development.
As prescribed in 1 l.503(a), insert the following clause in solicitations and contracts:
LIQUIDATED DAMAGES-SUPPLIES, SERVICES, OR RESEARCH AND
DEVELOPMENT (SEPT 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of 10 percent per calendar week of delay.
(b) If the Government terminates this contract in whole or in part under the Default-Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
( c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default-Fixed-Price Supply and Service clause in this contract.
F.4 52.211-16 Variation in Quantity. (APR 1984)
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.
(b) The permissible variation shall be limited to:
10% Under delivery (-) 10% Over Delivery (+)
F5. 52.247-34 F.O.B. Destination (Nov 1991)
FPI Coleman 846 NE 54th Terrace Coleman, FL 33521
FPI Forrest City 1400 Dale Bumpers Rd Forrest City, AR 72335
FPI Ashland Route 716 Ashland, KY 41101
FPI Allenwood
RT 15, 2 MI N OF ALLENWOOD
Allenwood, PA 17810
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 JAR 2852.201-70 CONTRACTING OFFICER'S TECHNICAL
REPRESENTATIVE (COTR) (JAN 1985) Supplement: LCL APPR
The COR for this requirement is to be determined.
(b) The COR is responsible, as applicable, for: receiving all deliverable's, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payments.
(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing.
This contract will be administered by:
PRIMARY:
UNICOR,
Federal Prison Industries 846 NE 54th Terrace Coleman, FL 33521 Attn: Peyton Perry, Contract Specialist 352-689-4068
SECONDARY:
UNICOR,
Federal Prison Industries 1400 Dale Bumpers Rd Forrest City, AR 72335 Attn: Brent Ponder, Contract Specialist 970-630-6000 ext 1138
Written communications shall make reference to the contract number and shall be mailed to the address of the primary contracting officer above. In the event Ms. Perry is unavailable, please mail correspondence to the secondary contact.
ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED:
Offeror shall indicate below the complete mailing address (including the nine digit ZIP code) to which remittance should be mailed if such address is other than that shown in Block 15A, Page 1 (Standard Form 33), they shall enter it below:
(a) Payee Name (Contractor):__________________________________
(b) Check Remittance Address:________________________________
Any questions or problems regarding payment should be directed to the Business Manager at the following locations: UNICOR FPI, CENTRAL ACCOUNTS PAYABLE, PO BOX 11849, LEXINGTON KY 40578-1849
ALL INVOICES SHALL REFERENCE PURCHASE ORDER NUMBER, NOT THE
CONTRACT NUMBER. INVOICES RECEIVED WITHOUT THE PURCHASE ORDER
NUMBER WILL BE REJECTED AND RETURNED TO VENDOR. ALL INVOICES MAY
BE EMAILED TO ACCOUNTS.PAYABLE@USDOJ.GOV.
NOTE TO VENDORS: IN ACCORDANCE WITH THE PROMPT PAYMENT ACT,
INVOICES THAT DO NOT AGREE WITH THE PURCHASE ORDER/DELIVERY
ORDER AMOUNTS WILL BE RETURNED TO THE VENDOR AT THE ADDRESS
LOCATED IN BLOCK 17A OF THE SF1449. Vendor Payment Offerors must submit a new ACH form whenever any payment information is changed (i.e. new bank, account, routing). Failure to submit new information will result in delayed or non-payment of product/service until information is properly updated. All financial information must be updated in SAM.gov if any changes are made. Sam.gov must have updated and current information at all times. ACH form is included as part of the solicitation package and must be filled out by any party who isn't currently doing business with UNICOR.
NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:
In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Field Administrative Contracting Officers at UNICOR (location) or in writing, giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.
Any amendments issued to this solicitation shall be synopsized in the same manner as this solicitation and must be acknowledged by each offeror. Offeror must hold prices firm for 90 calendar days from the date specified for receipt of offers. Offers or modifications to offers received at the address specified for the receipt of offers after the exact time specified may not be considered.
All FAR forms, clauses and provisions necessary to submit an offer may be accessed at the following web site:
http://acquisition.gov/far. This combined synopsis/solicitation and necessary forms are available on web site:
http://www.acquisition.gov/far.
SECTION H SPECIAL CONTRACT REQUIRMENTS
FPI 1000HI Economic Price Adjustment
(a) Twelve (12) months after contract award date, and every twelve (12) months thereafter, contract prices for the succeeding twelve (12) month period may be adjusted in accordance with the change in PPI Index PCU325520325520, Adhsive manufacturing, using the simple percentage method described in the U.S. Department of Labor, Bureau of Labor Statistics “Escalation Guide for Contracting Parties, available at http://www.bls.gov/ppi/ppiescalation.htm. This will be calculated as follows: index at time of calculation, divided by index at time base price was set. Multiply result by base price, equals adjusted price. IT IS THE CONTRACTOR'S RESPONSIBILITY TO
REQUEST THIS ADJUSTMENT.
(b) Adjustments may be requested after the preliminary price index for the month of the anniversary of contract award has been published but not to exceed 90 days after the eligible adjustment date (i.e., anniversary of the contract award date).
Requests that are made after the 90-day limit will not be honored and the contract pricing will not be adjusted. The contractor shall submit any requests for adjustments in writing to the contracting officer. Requests shall include a copy of the relevant index and must be within the allowed time period for adjustment. Any adjustments authorized as a result of the adjustment request will not be retroactive. The date the completed request is received by the contracting officer will be the effective date of any changes in price. Economic price increases will not be granted if the contractor has any past due orders at time of request.
(c) The contractor also is required to request downward price adjustments. All downward adjustments will be retroactive to the authorized adjustment date as specified in this clause. If downward price adjustments are not requested and this is later revealed through audits or otherwise, the contractor shall reimburse the Government the amount overcharged plus interest.
Interest will be computed at the rate set annually by the Secretary of the Treasury for late contract payments. Interest will accrue from the date the adjustment should have been made.
(d) In computing any price adjustment, the preliminary/first-published index for the month and year of contract award will be compared to the preliminary/first-published index for the contract anniversary month of the adjustment year. This index is not seasonally adjusted. If this index is temporarily unavailable or permanently discontinued, the contracting parties shall either use the index one level up (i.e., the broader index under which the selected index was listed) or agree in writing upon a substitute index.
(e) No adjustment shall be made if the referenced change is less than 2%. Total upward adjustment for the contract period, including any option periods, shall not exceed 10% of the original contract base price; downward adjustments are not limited.
(f) PPI data can be obtained from the Bureau of Labor Statistics website, by emailing the PPI at ppi-info@bls.gov, or by calling
(202) 691-7705.
SECTION I CLAUSES
I1. 52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2011)
I2. 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)
I3. 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C.
3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C.
4704 and 10 U.S.C. 4655).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
_X_ (5) 52.204-10, Reporting Executive Compensation and First- Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C.
6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L.
117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115– 390, title II).
__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
_X_ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (17) [Reserved] _X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside
(Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_X_ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)).
__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2023) of 52.219-9.
__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
_X_ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f).
_X_ (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) ( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).
__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C.
637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).
_X_ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C.
637(a)(17)).
_X_ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).
_X_ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun
2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_X_ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C.
6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C.
7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
_X_ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
_X_ (49) (i) 52.225-3, Buy American-Free Trade Agreements- Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C.
2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.
chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
_X_ (v) Alternate IV (Oct 2022) of 52.225-3.
_X_ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150).
_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C.
3805).
_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
_X_ (61) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).
_ _ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).
_ _ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C.
2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the
Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C.
552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph
(c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C.
2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".
Alternate II (Feb 2024) . As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 ( 5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).
(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab…
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